The FCC, at its Open Meeting today, adopted its Third Report and Order and Declaratory Ruling (“Order”) in the wireline infrastructure docket which, among other things, implements one-touch make-ready (“OTMR”) and prohibits state and local moratoria on telecommunications services and facilities deployment. While the final text of the Order has not been released (only a news release so far), the commissioners’ remarks at the meeting provided insight concerning certain issues ...Continue Reading

New “One Touch Make-Ready” Regime Proposed with Shortened Timeframes and Revised Terms for Completing Pole Attachments
Draft Declaratory Ruling Would Prohibit State and Local Moratoria on Wireline and Wireless Deployment
Last spring, largely responding to claims by Google Fiber that existing attachers and sequential make-ready costs and delays were impeding broadband deployment, the FCC circulated a proposal for substantial changes to its pole attachment make-ready rules and associated timelines to accelerate the deployment ...Continue Reading

The FCC, at its Open Meeting today, adopted its Third Report and Order and Declaratory Ruling (“Order”) in the wireline infrastructure docket which, among other things, implements one-touch make-ready (“OTMR”) and prohibits state and local moratoria on telecommunications services and facilities deployment. While the final text of the Order has not been released (only a news release so far), the commissioners’ remarks at the meeting provided insight concerning certain issues ...Continue Reading

New “One Touch Make-Ready” Regime Proposed with Shortened Timeframes and Revised Terms for Completing Pole Attachments
Draft Declaratory Ruling Would Prohibit State and Local Moratoria on Wireline and Wireless Deployment
Last spring, largely responding to claims by Google Fiber that existing attachers and sequential make-ready costs and delays were impeding broadband deployment, the FCC circulated a proposal for substantial changes to its pole attachment make-ready rules and associated timelines to accelerate the deployment ...Continue Reading

You would be forgiven if you thought the status of exclusive agreements for exclusive broadband cable service to “multiple dwelling units” such as condominiums and planned communities (MDUs) was settled. In 2007, the Federal Communications Commission (“FCC”) issued a ruling broadly declaring that such exclusivity agreements are “null and void,” and adopted a rule that prohibits the enforcement or execution of “any provision in a contract that grants to it ...Continue Reading

It may come as a surprise to know that the FCC (and the courts) have determined that dark fiber can be a regulated service.
The FCC has found that leasing dark fiber is “wire communications” subject to its jurisdiction under Title II of the Communications Act because it “permits the transmission of information” and because “the provider of dark fiber still owns, maintains, and repairs the fiber and merely leases it ...Continue Reading

Windstream Holdings, Inc. recently announced plans to spin off its copper, fiber and other fixed real estate assets into an independent publicly traded real estate investment trust (REIT). Windstream received a private letter ruling from the IRS confirming the tax-free nature of the spin-off and the qualification of the network assets as real property for REIT purposes. The transaction will reportedly save about $100 million per year in income taxes ...Continue Reading

FCC Issues Clarification of Broadband Privacy Rules Deadlines
Today, FCC Chairman Tom Wheeler confirmed that he will resign effective January 20, 2017, Inauguration Day. With Commissioner Rosenworcel unlikely to be confirmed for a new term, this would leave the FCC with two Republicans (Commissioners Pai and O’Rielly) and one Democrat (Commissioner Clyburn). The majority in favor of the Republican Commissioners would enable the FCC to more easily overturn recent, controversial items.
Additionally, ...Continue Reading

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About Broadband Deployment Law Advisor Team

Communications companies seeking timely and affordable access to broadband infrastructure turn to DWT’s broadband deployment team for its extensive knowledge and unsurpassed experience. Whether your company is seeking access to poles, conduit, towers, rights-of-way, railroad crossings or other broadband infrastructure, DWT has a dedicated and uniquely qualified team that assists large and small cable, telecommunications, wireless and other broadband clients with the challenges associated with accessing broadband infrastructure. DWT’s expert team has decades of experience with the myriad federal, state and local laws affecting deployment, and just as important, DWT’s broadband deployment team understands how the barriers to and legal issues associated with accessing broadband infrastructure affect our clients’ day-to-day business.